State v. Stuart and Jones

The opinion of the court was delivered by

Owsley, J.:

This is an appeal from a conviction of aggravated robbery (K.S.A. 21-3427). Defendants, James C. Stuart and Daryl B. Jones, raise common issues on appeal as well as points which will be considered separately.

At approximately 9:30 p.m. on March 2,1977, a Wichita service station was robbed. The station attendant, Joseph W. Briggs, had just returned from a restroom when he looked up and saw a man pointing a gun at him. Directly behind the first man was a second individual who did not appear to be armed. The first man advanced toward Briggs,…